piątek, 31 sierpnia 2007

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Consulate General of The Republic of Poland in New York: "Renounciation of Polish Citizenship

LEGAL REQUIREMENTS:
Pursuant to Sec. 13 of the Statute on Polish Citizenship, of 15 February 1962 with later amendments (final text of statute, Dziennik Ustaw — Journal of Laws of the Republic of Poland, No. 28, item 353, 2000), a Polish citizen loses his or her Polish citizenship only:

* At his/her own request after obtaining approval from the President of the Republic of Poland for the renouncing of Polish citizenship.
* The approval for the renouncing of Polish citizenship granted to parents is extended to the children remaining under their parental authority.
* The approval for the renouncing of Polish citizenship granted to one of the parents extends to the children remaining under that parent’s parental authority, when the other parent is not entitled to parental authority or the other parent is not a Polish citizen or when the other parent is a Polish citizen and expresses his or her consent before the proper authority for the loss of Polish citizenship by the children.
* In the case when the second parent is a Polish citizen and objects to the extension onto the children of the approval for the renouncing of Polish citizenship granted to the first parent or when an agreement encounters obstacles that are difficult to surmount, each of the parents may apply to a court for a resolution.
* The approval for the renouncing of citizenship is extended to children sixteen years of age or older only with their consent.


PROCEDURE:
The President of the Republic of Poland grants approval to renounce Polish citizenship. An applicant residing outside of Poland submits the application to the Consulate of Poland according to his/her place of residence. Submitted documentation is verified by the Consulate and transmitted to the Chancellery of the President in Warsaw.

DOCUMENTS:
Each applicant submits the following documents:

1. Application form (can be obtained at the Consulate)
2. Written statement expressing the wish to renounce Polish citizenship in the following form: “”Ja niżej podpisany/a zrzekam się obywatelstwa polskiego”
3. Certified copy of a document, which proves holding of a second citizenship ( e.g. copy of US passport and naturalization certificate)
4. Written statement singed by the applicant stating that there are no criminal or civil legal proceedings pending
5. Birth certificate
6. Marriage certificate/divorce certificate
7. Written statement signed by the applicant, with following information: place and date of birth, parents’ and grandparents’ names and places of birth, marital status, education, profession, place of work, last place of stay in Poland (address), information about wife/husband and children, countries of previous residence, reasons for wishing to renounce citizenship
8. Passport Photo

Additional documentation if the application includes children under eighteen years old:
a) If both parents are applicants – attach child’s birth certificate
b) If only one parent is the applicant - attach child’s birth certificate and the statement from the second parent prepared at the Polish Consulate agreeing to renunciation
c) If the child is over sixteen years old – written statement from the child prepared at the Polish Consulate agreeing to renunciation

PROCESSING TIME
Processing time runs from the moment of submission of the complete application to the Chancellery of the President in Warsaw. Decision is usually made in 12 months.

CONSULAR FEES:
- Initial application fee - $362
- Delivery of the renunciation certificate - $77
- Consular certification of translation into Polish - $39 per page


Notes:

* All forms and declarations should be filled in Polish language and contain a date and applicant’s signature.
* All documents in foreign language should be translated into Polish by a certified translator and are subject of legalization in the Consulate General in New York.
* Applicant should submit originals of all required documents. Where impossible, certified copied may be submitted.
* Consular fees are paid on initiation of the procedure. Regardless the result of a whole procedure, fees are not returned.
* Documents submitted to the Consulate will not be returned and cannot be used for any other purposes.
* After consideration of the case Consulate may require some additional documents.
* Procedure will be initiated (all merits and documents of the case considered) only following submit of a complete documentation. If the applicant is unable to prepare all documentation properly she/he may require legal assistance of a professional lawyer.

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